November 29, 2021

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Claimed relocation compensation from a real estate agent after "unbearable noise" and "mental fatigue" to live in a housing association

Claimed relocation compensation from a real estate agent after “unbearable noise” and “mental fatigue” to live in a housing association

In 2017, an elderly couple bought a cooperative apartment in a housing association. The sale was arranged by a real estate agent at EiendomsMegler 1 Midt-Norge AS, Kongens Gate 2 in Trondheim. But more than three years later, there was an uproar in the housing association, the complainants said. They believed that the real estate agent was responsible for the problems they faced in the housing association and raised the case before the Complaints Board for Real Estate Services.

– Threatened when he informed the residents of the Eid peace

In the complaint, the couple noted, among other things, that the broker in connection with the January 2017 sale had provided the housing association’s statutes in the sales statement, which the couple believe created an expectation of peace and order. in the housing association. But they claim that as of August 2020, there has been more than peace and order in the housing association.

– Since 14 August 2020, there has been unbearable noise from the apartment located directly below the complainant’s apartment. In February 2021, the complainant called the police due to excavation and banking work from another basement apartment. There was constant noise from this apartment for several months. The complainant was threatened when residents were safely informed of the leave, and the Housing Association Board of Directors did not record complaints as required under the Housing Association Act, they wrote in the complaint.

The couple believe it was intentional on the part of the realtor to include the house rules in the sales statement. The complainants believed that when he accepted it and bought the apartment, an agreement was made between the client and the defendant’s real estate agent.

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The Realtor created expectations he could not meet. The broker is responsible for the text that is included in the sales statement, and the defendant must take responsibility for flatly violating the house rules of the housing association. A significant discrepancy between what is reflected in the house rules and reality has been documented, they write in their complaint.

The housing association is believed to have been a building area with permanent immigration and occupancy

The couple points out that the broker also did not mention that the housing association was a building area with continuous entry and exit. In addition, the complainant believes that all infection control rules have been violated in the housing association.

The complainant and his wife are in the risk category for contracting the coronavirus, and were at risk of infection following the advice of the mediator. As a result of the conditions in the housing association, the complainant decided to buy a new apartment, as stated in their complaint.

The complainant also believes that the broker should have mentioned that there were problems with house riots in the housing union and that one had to be especially strong to live there.

– It is not mentioned in the sales statement or in any other way that one must be particularly strong to live there. The complaint notes that the housing dispute in the housing union has been a psychological stressor for both the complainant and his wife, who are particularly insensitive.

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The couple believes that the realtor should take responsibility for breaking the house rules to this extent and the claims cover the costs they incurred in connection with the purchase and move to a new apartment.

We do the investigations that the law requires us to do

EiendomsMegler 1 Midt-Norge disputes the complainant’s allegations. Professional attorney and director Skender Hasani at Eiendomsmegler 1 Midt-Norge in Trondheim believes that the plaintiff extends the duty to investigate away from the mediator’s view.

We conduct surveys that we are required by law to conduct and stakeholders receive information that they have reason to expect to receive, such as. house rules. The fact that house rules are listed on the sales statement does not guarantee adherence to them. If the real estate agent learns that there is a dispute over the house in the housing association, it should be reported, but often the broker here is at the mercy of the seller’s information. Hosni believes that when the dispute over the house begins three years after the purchase, it was also unreasonable to hold the seller responsible for it.

The Complaints Board wrote in its decision that the broker at the time of the sale was unaware that there were problems with home riots in the housing association.

– As the case was reported, there were no circumstances that indicated that the mediator should conduct further investigations. The complainant also stated that he first experienced home riots over three years after the takeover, the court wrote.

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Furthermore, the council believes that it is not the estate agent’s responsibility to follow up on compliance of other residents of the housing association with the house rules.

The fact that the realtor included the rules of the house in the sales statement does not mean that an “agreement” was created between the buyer and the defendant. The board believes that it is also common for any house rules to be included in sales assignments.(Terms)Copyright Dagens Næringsliv AS and/or our suppliers. We would like you to share our cases using a link that leads directly to our pages. All or part of the Content may not be copied or otherwise used with written permission or as permitted by law. For additional terms look here.